Senate Study Bill 3141 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to nonsubstantive Code corrections. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5785SC (4) 87 lh/rj
S.F. _____ DIVISION I 1 MISCELLANEOUS CHANGES 2 Section 1. Section 7A.14, Code 2018, is amended to read as 3 follows: 4 7A.14 Number of copies —— style. 5 1. The annual and biennial reports shall be published, 6 printed, and bound in such number as the director of the 7 department of administrative services may order. The officials 8 and heads of departments shall furnish the director with 9 information necessary to determine the number of copies to be 10 printed. 11 2. They The reports shall be printed on good paper, in 12 legible type with pages substantially six inches by nine inches 13 in size. They The reports may be divided for binding where one 14 portion should receive larger distribution than another, or be 15 issued in parts or sections for greater convenience. 16 Sec. 2. Section 12.1, Code 2018, is amended to read as 17 follows: 18 12.1 Office —— accounts —— reports. 19 1. The treasurer shall keep the treasurer’s office at the 20 seat of government, and shall keep an accurate account of the 21 receipts and disbursements at the treasury in books kept for 22 that purpose, in which the treasurer shall specify the names of 23 the persons from whom money is received, and on what account, 24 and the time thereof of receipt . 25 2. The treasurer is responsible for reporting on the bonding 26 activities of all political subdivisions, instrumentalities, 27 and agencies of the state and shall make recommendations to 28 the general assembly and the governor on modification in the 29 bonding authority. The treasurer shall notify each political 30 subdivision, instrumentality, and agency of the state to report 31 to the treasurer the amount of bonds outstanding and each new 32 bond issue. The treasurer shall adopt rules and establish 33 forms for carrying out this provision section . Each political 34 subdivision, instrumentality, and agency of the state shall 35 -1- LSB 5785SC (4) 87 lh/rj 1/ 99
S.F. _____ provide all the information required by the treasurer under 1 this provision section . 2 Sec. 3. Section 15.333, Code 2018, is amended to read as 3 follows: 4 15.333 Investment tax credit. 5 1. For purposes of this section, “new investment” means the 6 cost of machinery and equipment, as defined in section 427A.1, 7 subsection 1, paragraphs “e” and “j” , purchased for use in the 8 operation of the eligible business, the purchase price of which 9 has been depreciated in accordance with generally accepted 10 accounting principles, the purchase price of real property and 11 any buildings and structures located on the real property, and 12 the cost of improvements made to real property which is used 13 in the operation of the eligible business. “New investment” 14 also means the annual base rent paid to a third-party developer 15 by an eligible business for a period not to exceed ten years, 16 provided the cumulative cost of the base rent payments for that 17 period does not exceed the cost of the land and the third-party 18 developer’s costs to build or renovate the building for the 19 eligible business. 20 1. 2. An eligible business may claim a tax credit equal 21 to a percentage of the new investment directly related to new 22 jobs created or retained by the project. The tax credit shall 23 be amortized equally over five calendar years. The tax credit 24 shall be allowed against taxes imposed under chapter 422, 25 division II, III, or V , and against the moneys and credits tax 26 imposed in section 533.329 . If the business is a partnership, 27 S corporation, limited liability company, cooperative organized 28 under chapter 501 and filing as a partnership for federal tax 29 purposes, or estate or trust electing to have the income taxed 30 directly to the individual, an individual may claim the tax 31 credit allowed. The amount claimed by the individual shall 32 be based upon the pro rata share of the individual’s earnings 33 of the partnership, S corporation, limited liability company, 34 cooperative organized under chapter 501 and filing as a 35 -2- LSB 5785SC (4) 87 lh/rj 2/ 99
S.F. _____ partnership for federal tax purposes, or estate or trust. The 1 percentage shall be determined as provided in section 15.335A . 2 Any tax credit in excess of the tax liability for the tax year 3 may be credited to the tax liability for the following seven 4 years or until depleted, whichever occurs first. 5 2. 3. For purposes of this section , “new investment” means 6 the cost of machinery and equipment, as defined in section 7 427A.1, subsection 1 , paragraphs “e” and “j” , purchased for use 8 in the operation of the eligible business, the purchase price 9 of which has been depreciated in accordance with generally 10 accepted accounting principles, the purchase price of real 11 property and any buildings and structures located on the real 12 property, and the cost of improvements made to real property 13 which is used in the operation of the eligible business. 14 “New investment” also means the annual base rent paid to a 15 third-party developer by an eligible business for a period not 16 to exceed ten years, provided the cumulative cost of the base 17 rent payments for that period does not exceed the cost of the 18 land and the third-party developer’s costs to build or renovate 19 the building for the eligible business. The eligible business 20 shall enter into a lease agreement with the third-party 21 developer for a minimum of five years. If, however, within 22 five years of purchase, the eligible business sells, disposes 23 of, razes, or otherwise renders unusable all or a part of the 24 land, buildings, or other existing structures for which tax 25 credit was claimed under this section , the tax liability of 26 the eligible business for the year in which all or part of the 27 property is sold, disposed of, razed, or otherwise rendered 28 unusable shall be increased by one of the following amounts: 29 a. One hundred percent of the tax credit claimed under 30 this section if the property ceases to be eligible for the tax 31 credit within one full year after being placed in service. 32 b. Eighty percent of the tax credit claimed under this 33 section if the property ceases to be eligible for the tax 34 credit within two full years after being placed in service. 35 -3- LSB 5785SC (4) 87 lh/rj 3/ 99
S.F. _____ c. Sixty percent of the tax credit claimed under this 1 section if the property ceases to be eligible for the tax 2 credit within three full years after being placed in service. 3 d. Forty percent of the tax credit claimed under this 4 section if the property ceases to be eligible for the tax 5 credit within four full years after being placed in service. 6 e. Twenty percent of the tax credit claimed under this 7 section if the property ceases to be eligible for the tax 8 credit within five full years after being placed in service. 9 Sec. 4. Section 15.333A, Code 2018, is amended to read as 10 follows: 11 15.333A Insurance premium tax credits. 12 1. For purposes of this section, “new investment” means the 13 cost of machinery and equipment, as defined in section 427A.1, 14 subsection 1, paragraphs “e” and “j” , purchased for use in the 15 operation of the eligible business, the purchase price of which 16 has been depreciated in accordance with generally accepted 17 accounting principles, the purchase price of real property and 18 any buildings and structures located on the real property, and 19 the cost of improvements made to real property which is used 20 in the operation of the eligible business. “New investment” 21 also means the annual base rent paid to a third-party developer 22 by an eligible business for a period not to exceed ten years, 23 provided the cumulative cost of the base rent payments for that 24 period does not exceed the cost of the land and the third-party 25 developer’s costs to build or renovate the building for the 26 eligible business. 27 1. 2. An eligible business may claim an insurance premium 28 tax credit equal to a percentage of the new investment directly 29 related to new jobs created by the project. The tax credit 30 shall be amortized equally over a five-year period. The tax 31 credit shall be allowed against taxes imposed in chapter 432 . 32 A tax credit in excess of the tax liability for the tax year may 33 be credited to the tax liability for the following seven years 34 or until depleted, whichever occurs first. The percentage 35 -4- LSB 5785SC (4) 87 lh/rj 4/ 99
S.F. _____ shall be determined as provided in section 15.335A . 1 2. 3. For purposes of this section , “new investment” means 2 the cost of machinery and equipment, as defined in section 3 427A.1, subsection 1 , paragraphs “e” and “j” , purchased for use 4 in the operation of the eligible business, the purchase price 5 of which has been depreciated in accordance with generally 6 accepted accounting principles, the purchase price of real 7 property and any buildings and structures located on the real 8 property, and the cost of improvements made to real property 9 which is used in the operation of the eligible business. 10 “New investment” also means the annual base rent paid to a 11 third-party developer by an eligible business for a period not 12 to exceed ten years, provided the cumulative cost of the base 13 rent payments for that period does not exceed the cost of the 14 land and the third-party developer’s costs to build or renovate 15 the building for the eligible business. The eligible business 16 shall enter into a lease agreement with the third-party 17 developer for a minimum of five years. If, however, within 18 five years of purchase, the eligible business sells, disposes 19 of, razes, or otherwise renders unusable all or a part of the 20 land, buildings, or other existing structures for which tax 21 credit was claimed under this section , the tax liability of 22 the eligible business for the year in which all or part of the 23 property is sold, disposed of, razed, or otherwise rendered 24 unusable shall be increased by one of the following amounts: 25 a. One hundred percent of the tax credit claimed under 26 this section if the property ceases to be eligible for the tax 27 credit within one full year after being placed in service. 28 b. Eighty percent of the tax credit claimed under this 29 section if the property ceases to be eligible for the tax 30 credit within two full years after being placed in service. 31 c. Sixty percent of the tax credit claimed under this 32 section if the property ceases to be eligible for the tax 33 credit within three full years after being placed in service. 34 d. Forty percent of the tax credit claimed under this 35 -5- LSB 5785SC (4) 87 lh/rj 5/ 99
S.F. _____ section if the property ceases to be eligible for the tax 1 credit within four full years after being placed in service. 2 e. Twenty percent of the tax credit claimed under this 3 section if the property ceases to be eligible for the tax 4 credit within five full years after being placed in service. 5 Sec. 5. Section 15A.4, Code 2018, is amended to read as 6 follows: 7 15A.4 Competitive programs —— good neighbor agreement —— 8 additional consideration. 9 1. A good neighbor agreement is an enforceable contract 10 between a business and a community group or coalition of 11 community groups which requires the business to adhere to 12 negotiated environmental, economic, labor, or other social and 13 community standards. 14 2. For any program providing financial assistance for 15 economic development in which the assistance is provided on a 16 competitive basis, a business which enters into a good neighbor 17 agreement shall receive extra consideration of at least ten 18 points or the equivalent. A good neighbor agreement is an 19 enforceable contract between the business and a community group 20 or coalition of community groups which requires the business to 21 adhere to negotiated environmental, economic, labor, or other 22 social and community standards. A business which fails to 23 abide by the good neighbor agreement shall repay all financial 24 assistance received under the program. 25 A business which fails to abide by the good neighbor 26 agreement shall repay all financial assistance received under 27 the program. 28 Sec. 6. Section 17A.2, subsection 11, paragraph f, Code 29 2018, is amended to read as follows: 30 f. Those portions of staff manuals, instructions, or other 31 statements issued by an agency which set forth criteria or 32 guidelines to be used by its staff in auditing, in making 33 inspections, in settling commercial disputes or negotiating 34 commercial arrangements, or in the selection or handling of 35 -6- LSB 5785SC (4) 87 lh/rj 6/ 99
S.F. _____ cases, such as operational tactics or allowable tolerances or 1 criteria for the defense, prosecution, or settlement of cases, 2 when the disclosure of such statements would do any of the 3 following : 4 (1) enable Enable law violators to avoid detection ; or . 5 (2) facilitate Facilitate disregard of requirements imposed 6 by law ; or . 7 (3) give Give a clearly improper advantage to persons who 8 are in an adverse position to the state. 9 Sec. 7. Section 17A.5, subsection 2, paragraph b, 10 subparagraph (1), Code 2018, is amended to read as follows: 11 (1) Subject to applicable constitutional or statutory 12 provisions, a rule becomes effective immediately upon filing 13 with the administrative rules coordinator, or at a subsequent 14 stated date prior to indexing and publication, or at a stated 15 date less than thirty-five days after filing, indexing, and 16 publication, if the agency finds any of the following : 17 (a) That a statute so provides ; . 18 (b) That the rule confers a benefit or removes a restriction 19 on the public or some segment thereof ; or . 20 (c) That this effective date is necessary because of 21 imminent peril to the public health, safety, or welfare. 22 Sec. 8. Section 22.9, Code 2018, is amended to read as 23 follows: 24 22.9 Denial of federal funds —— rules. 25 1. If it is determined that any provision of this chapter 26 would cause the denial of funds, services or essential 27 information from the United States government which would 28 otherwise definitely be available to an agency of this state, 29 such provision shall be suspended as to such agency, but only 30 to the extent necessary to prevent denial of such funds, 31 services, or essential information. 32 2. An agency within the meaning of section 17A.2, subsection 33 1 , shall adopt as a rule, in each situation where this section 34 is believed applicable, its the agency’s determination 35 -7- LSB 5785SC (4) 87 lh/rj 7/ 99
S.F. _____ identifying those particular provisions of this chapter that 1 must be waived in the circumstances to prevent the denial of 2 federal funds, services, or information. 3 Sec. 9. Section 26.2, subsection 3, Code 2018, is amended 4 to read as follows: 5 3. “Public improvement” means a building or construction 6 work which is constructed under the control of a governmental 7 entity and is paid for in whole or in part with funds of the 8 governmental entity, including a building or improvement 9 constructed or operated jointly with any other public or 10 private agency, but excluding urban all of the following: 11 a. Urban renewal demolition and low-rent housing projects , 12 industrial . 13 b. Industrial aid projects authorized under chapter 419 , 14 emergency . 15 c. Emergency work or repair or maintenance work performed by 16 employees of a governmental entity , and excluding a . 17 d. A highway, bridge, or culvert project , and excluding 18 construction . 19 e. Construction or repair or maintenance work performed for 20 a city utility under chapter 388 by its employees or performed 21 for a rural water district under chapter 357A by its employees. 22 Sec. 10. Section 43.2, Code 2018, is amended to read as 23 follows: 24 43.2 Definitions. 25 1. As used in this chapter , unless the context otherwise 26 requires: 27 1. a. “Book” , “list” , “record” , or “schedule” kept by a 28 county auditor, assessor, treasurer, recorder, sheriff, or 29 other county officer means the county system as defined in 30 section 445.1 . 31 2. a. b. “Political party” shall mean a party which, at 32 the last preceding general election, cast for its candidate for 33 president of the United States or for governor, as the case 34 may be, at least two percent of the total vote cast for all 35 -8- LSB 5785SC (4) 87 lh/rj 8/ 99
S.F. _____ candidates for that office at that election. It shall be the 1 responsibility of the state commissioner to determine whether 2 any organization claiming to be a political party qualifies as 3 such under the foregoing definition. 4 b. 2. A political organization which is not a “political 5 party” within the meaning of this subsection 1, paragraph “b” , 6 may nominate candidates and have the names of such candidates 7 placed upon the official ballot by proceeding under chapters 8 44 and 45 . 9 Sec. 11. Section 43.115, subsection 2, Code 2018, is amended 10 to read as follows: 11 2. A Notwithstanding any statute to the contrary, a 12 candidate for precinct committee member may also file as 13 a candidate for one additional office , any statute to the 14 contrary notwithstanding . 15 Sec. 12. Section 49.5, Code 2018, is amended to read as 16 follows: 17 49.5 City precincts. 18 1. As used in this section: 19 a. “The convenience of the voters” refers to but is not 20 necessarily limited to the use of precinct boundaries which can 21 be readily described to and identified by voters and for which 22 there is ease of access by voters to their respective precinct 23 polling places by reasonably direct routes of travel. 24 b. “Promoting electoral efficiency” means reducing the cost 25 of staffing election precincts by requiring cities to avoid 26 creating more precincts than is reasonably necessary to provide 27 voters access to voting. 28 2. The council of a city where establishment of more 29 than one precinct is necessary or deemed advisable shall, at 30 the time required by law, divide the city into the number 31 of election precincts as will best serve the convenience of 32 the voters while promoting electoral efficiency. As used in 33 this section , the term “the convenience of the voters” refers 34 to, but is not necessarily limited to, the use of precinct 35 -9- LSB 5785SC (4) 87 lh/rj 9/ 99
S.F. _____ boundaries which can be readily described to and identified 1 by voters and for which there is ease of access by voters to 2 their respective precinct polling places by reasonably direct 3 routes of travel. As used in this section , the term “promoting 4 electoral efficiency” means reducing the cost of staffing 5 election precincts by requiring cities to avoid creating more 6 precincts than is reasonably necessary to provide voters access 7 to voting. 8 3. The precinct boundaries shall conform to section 49.3 9 and shall be described in an ordinance adopted by the council 10 within the time required by section 49.7 . Before final 11 adoption of any change in election precinct boundaries pursuant 12 to this section or section 49.6 , the council shall permit the 13 commissioner not less than seven and not more than ten days’ 14 time to offer written comments to the council on the proposed 15 reprecincting. If the commissioner recommends changes in the 16 proposed reprecincting which the commissioner concludes could 17 better serve the convenience of the voters or could promote 18 electoral efficiency, including lowering election costs, the 19 council shall, if no changes to the reprecincting are made, 20 include reasons in the ordinance for not adopting the proposed 21 changes of the commissioner. A public hearing shall be held 22 before final adoption of the ordinance. Notice of the date, 23 time, and place of the hearing shall be given as provided in 24 chapter 21 . 25 Sec. 13. Section 53.26, Code 2018, is amended to read as 26 follows: 27 53.26 Rejected ballots —— how handled. 28 Every ballot not counted shall be endorsed on the back 29 thereof “Rejected because (giving reason therefor)”. All 30 rejected ballots shall be enclosed and securely sealed in an 31 envelope on which the precinct election officials shall endorse 32 “Defective ballots”, with a statement of the precinct in which 33 and the date of the election at which they were cast, and be 34 signed by the precinct election officials and returned to the 35 -10- LSB 5785SC (4) 87 lh/rj 10/ 99
S.F. _____ same officer and in the same manner as by law provided for 1 the return and preservation of official ballots voted at such 2 election. 3 Sec. 14. Section 59.1, subsection 1, Code 2018, is amended 4 to read as follows: 5 1. The contestant for a seat in either branch of the general 6 assembly shall, prior to twenty days before the first day of 7 the next session, serve on the incumbent in the manner provided 8 by the rules of civil procedure for service of an original 9 notice a statement of notice of contest which shall allege a 10 fact or facts , believed true by the contestant which, if true, 11 would alter the outcome of the election. 12 Sec. 15. Section 59.3, Code 2018, is amended to read as 13 follows: 14 59.3 Depositions. 15 Depositions may be taken in such cases in the same manner 16 and under the same rules as in an action at law in the district 17 court, but no cause for taking the same depositions need be 18 shown. 19 Sec. 16. Section 62.11, Code 2018, is amended to read as 20 follows: 21 62.11 Subpoenas. 22 Subpoenas for witnesses may be issued at any time after 23 the notice of trial is served, either by the county treasurer 24 or by the county auditor, and shall command the witnesses to 25 appear “appear at ..... , on .... , to testify in relation to 26 a contested election, wherein ........ (Insert contestant’s 27 name) is contestant and ........ (Insert incumbent’s name) is 28 incumbent incumbent” . 29 Sec. 17. Section 63A.2, subsection 1, Code 2018, is amended 30 to read as follows: 31 1. Governor, secretary of state, secretary of agriculture, 32 auditor of state, treasurer of state, and attorney general. 33 Sec. 18. Section 68B.39, Code 2018, is amended to read as 34 follows: 35 -11- LSB 5785SC (4) 87 lh/rj 11/ 99
S.F. _____ 68B.39 Supreme court rules. 1 1. The supreme court of this state shall prescribe rules 2 establishing a code of ethics for officials and employees of 3 the judicial branch of this state, and the immediate family 4 members of the officials and employees. Rules prescribed under 5 this paragraph subsection shall include provisions relating to 6 the receipt or acceptance of gifts and honoraria, interests in 7 public contracts, services against the state, and financial 8 disclosure which are substantially similar to the requirements 9 of this chapter . 10 2. The supreme court of this state shall also prescribe 11 rules which relate to activities by officials and employees of 12 the judicial branch which constitute conflicts of interest. 13 Sec. 19. Section 69.16, Code 2018, is amended to read as 14 follows: 15 69.16 Appointive boards —— political affiliation. 16 1. All appointive boards, commissions, and councils of the 17 state established by the Code if not otherwise provided by law 18 shall be bipartisan in their composition. No person shall be 19 appointed or reappointed to any board, commission, or council 20 established by the Code if the effect of that appointment or 21 reappointment would cause the number of members of the board, 22 commission, or council belonging to one political party to be 23 greater than one-half the membership of the board, commission, 24 or council plus one. 25 2. In the case where the appointment of members of the 26 general assembly is allowed, and the law does not otherwise 27 provide, if an even number of legislators are appointed they 28 shall be equally divided by political party affiliation; if an 29 odd number of members of the general assembly are appointed, 30 the number representing a certain political party shall not 31 exceed by more than one the legislative members of the other 32 political party who may be appointed. 33 3. If there are multiple appointing authorities for a board, 34 commission or council, the appointing authorities shall consult 35 -12- LSB 5785SC (4) 87 lh/rj 12/ 99
S.F. _____ to avoid a violation of this section . 1 4. This section shall not apply to any board, commission, or 2 council established by the Code for which other restrictions 3 regarding the political affiliations of members are provided 4 by law. 5 Sec. 20. Section 70A.20, Code 2018, is amended to read as 6 follows: 7 70A.20 Employees disability program. 8 1. As used in this section, unless the context otherwise 9 requires: 10 a. “Adult” means a person who is eighteen years of age or 11 older. 12 b. “Primary and family social security” shall not include 13 social security benefits awarded to an adult child with a 14 disability of the state employee with a disability who does 15 not reside with the state employee with a disability if the 16 social security benefits were awarded to the adult child with 17 a disability prior to the approval of the state employee’s 18 benefits under this section, regardless of whether the United 19 States social security administration records the benefits 20 to the social security number of the adult child with a 21 disability, the state employee with a disability, or any other 22 family member, and such social security benefits shall not 23 reduce the benefits payable pursuant to this section. 24 2. A state employees disability insurance program is 25 created, which shall be administered by the director of the 26 department of administrative services and which shall provide 27 disability benefits in an amount and for the employees as 28 provided in this section . The monthly disability benefits 29 shall, at a minimum, provide twenty percent of monthly 30 earnings if employed less than one year, forty percent of 31 monthly earnings if employed one year or more but less than 32 two years, and sixty percent of monthly earnings thereafter, 33 reduced by primary and family social security determined 34 at the time social security disability payments commence, 35 -13- LSB 5785SC (4) 87 lh/rj 13/ 99
S.F. _____ railroad retirement disability income, workers’ compensation 1 if applicable, and any other state-sponsored sickness or 2 disability benefits payable. However, the amount of benefits 3 payable under the Iowa public employees’ retirement system 4 pursuant to chapter 97B shall not reduce the benefits payable 5 pursuant to this section . Subsequent social security or 6 railroad retirement increases shall not be used to further 7 reduce the insurance benefits payable. As used in this 8 section , “primary and family social security” shall not include 9 social security benefits awarded to an adult child with a 10 disability of the state employee with a disability who does 11 not reside with the state employee with a disability if the 12 social security benefits were awarded to the adult child with 13 a disability prior to the approval of the state employee’s 14 benefits under this section , regardless of whether the United 15 States social security administration records the benefits 16 to the social security number of the adult child with a 17 disability, the state employee with a disability, or any other 18 family member, and such social security benefits shall not 19 reduce the benefits payable pursuant to this section . As 20 used in this section , unless the context otherwise requires, 21 “adult” means a person who is eighteen years of age or older. 22 State employees shall receive credit for the time they were 23 continuously employed prior to and on July 1, 1974. 24 3. The following provisions apply to the employees 25 disability insurance program: 26 1. a. Waiting period of no more than ninety working days of 27 continuous sickness or accident disability or the expiration of 28 accrued sick leave, whichever is greater. 29 2. b. Maximum period benefits paid for both accident or 30 sickness disability: 31 a. (1) If the disability occurs prior to the time the 32 employee attains the age of sixty-one years, the maximum 33 benefit period shall end sixty months after continuous benefit 34 payments begin or on the date on which the employee attains the 35 -14- LSB 5785SC (4) 87 lh/rj 14/ 99
S.F. _____ age of sixty-five years, whichever is later. 1 b. (2) If the disability occurs on or after the time the 2 employee attains the age of sixty-one years but prior to the 3 age of sixty-nine years, the maximum benefit period shall end 4 sixty months after continuous benefit payments begin or on the 5 date on which the employee attains the age of seventy years, 6 whichever is earlier. 7 c. (3) If the disability occurs on or after the time the 8 employee attains the age of sixty-nine years, the maximum 9 benefit period shall end twelve months after continuous benefit 10 payments begin. 11 3. a. c. (1) Minimum and maximum benefits of not less 12 than fifty dollars per month and not exceeding three thousand 13 dollars per month. 14 b. (2) In no event shall benefits exceed one hundred 15 percent of the claimant’s predisability covered monthly 16 compensation. 17 4. d. All probationary and permanent full-time state 18 employees shall be covered under the employees disability 19 insurance program, except board members and members of 20 commissions who are not full-time state employees, and state 21 employees who on July 1, 1974, are under another disability 22 program financed in whole or in part by the state, and 23 state employees who have agreed to participation in another 24 disability program through a collective bargaining agreement. 25 For purposes of this section , members of the general assembly 26 serving on or after January 1, 1989, are eligible for the plan 27 during their tenure in office, on the basis of enrollment 28 rules established for full-time state employees excluded from 29 collective bargaining as provided in chapter 20 . 30 Sec. 21. Section 80.18, Code 2018, is amended to read as 31 follows: 32 80.18 Expenses and supplies —— reimbursement. 33 1. The commissioner shall provide peace officers of the 34 department when on duty, with suitable uniforms, subsistence, 35 -15- LSB 5785SC (4) 87 lh/rj 15/ 99
S.F. _____ arms, equipment, quarters, and other necessary supplies, and 1 also the expense and means of travel and boarding, according 2 to rules adopted by the commissioner, and as may be provided 3 by appropriation. 4 2. The department may expend moneys from the support 5 allocation of the department as reimbursement for replacement 6 or repair of personal items of the department’s peace officers 7 or employees damaged or destroyed during a peace officer’s or 8 employee’s course of employment. However, the reimbursement 9 shall not exceed the greater of one hundred fifty dollars or 10 the amount agreed to under the collective bargaining agreement 11 for each item. The department shall adopt rules in accordance 12 with chapter 17A to administer this paragraph subsection . 13 Sec. 22. Section 80A.13, subsection 1, Code 2018, is amended 14 to read as follows: 15 1. File with the sheriff of the county in which the campus 16 is located evidence that the individual has successfully 17 completed an approved firearm safety training under section 18 724.9 . This requirement does not apply to armored car 19 personnel. 20 Sec. 23. Section 84A.4, subsection 1, Code 2018, is amended 21 to read as follows: 22 1. A local workforce development board shall be established 23 in each service delivery area as defined in section 84B.3 . 24 The voting members of each board shall be appointed by the 25 governor, consistent with the requirements of federal law 26 and in consultation with chief elected officials within the 27 local workforce development area. Chief elected officials 28 responsible for recommendations for each board’s voting 29 membership shall include but are not limited to county 30 elected officials, municipal elected officials, and community 31 college directors. The voting membership of each board shall 32 provide for equal representation of business and labor and 33 shall include a county elected official, a city official, a 34 representative of a school district, and a representative of 35 -16- LSB 5785SC (4) 87 lh/rj 16/ 99
S.F. _____ a community college. A local workforce development board may 1 appoint ex officio, nonvoting members. 2 Sec. 24. Section 84A.7, subsections 2 and 3, Code 2018, are 3 amended to read as follows: 4 2. Iowa conservation corps established. The Iowa 5 conservation corps is established in this state to provide 6 meaningful and productive public service jobs for youth, 7 unemployed persons, persons with disabilities, disadvantaged 8 persons, and elderly persons, and to provide participants 9 with an opportunity to explore careers, gain work experience, 10 and contribute to the general welfare of their communities 11 and the state. The corps shall provide opportunities in the 12 areas of natural resource and wildlife conservation, park 13 maintenance and restoration, land management, energy savings, 14 community improvement projects, tourism, economic development, 15 and work benefiting human services programs. The department 16 of workforce development shall administer the corps and shall 17 adopt rules pursuant to chapter 17A governing its operation, 18 eligibility for participation, cash contributions, and 19 implementation of an incentive program. 20 3. Funding. Corps projects shall be funded by 21 appropriations to the Iowa conservation corps account and 22 by cash, services, and material contributions made by other 23 state agencies or local public and private agencies. Public 24 and private entities who benefit from a corps project shall 25 contribute at least thirty-five percent of the total project 26 budget. The contributions may be in the form of cash, 27 materials, or services. Materials and services shall be 28 intended for the project and acceptable to the department of 29 workforce development. Minimum levels of contributions shall 30 be prescribed in rules adopted by the department of workforce 31 development pursuant to chapter 17A . 32 Sec. 25. Section 84A.8, Code 2018, is amended to read as 33 follows: 34 84A.8 Workforce investment program. 35 -17- LSB 5785SC (4) 87 lh/rj 17/ 99
S.F. _____ A workforce investment program is established to enable 1 more Iowans to enter or reenter the workforce. The workforce 2 investment program shall provide training and support services 3 to population groups that have historically faced barriers to 4 employment. The department of workforce development shall 5 administer the workforce investment program and shall adopt 6 rules pursuant to chapter 17A governing its operation and 7 eligibility guidelines for participation. 8 Sec. 26. Section 85.22, unnumbered paragraph 1, Code 2018, 9 is amended to read as follows: 10 When an employee receives an injury or incurs an 11 occupational disease or an occupational hearing loss for 12 which compensation is payable under this chapter , chapter 13 85A , or chapter 85B , and which injury or occupational disease 14 or occupational hearing loss is caused under circumstances 15 creating a legal liability against some person, other than 16 the employee’s employer or any employee of such employer as 17 provided in section 85.20 to pay damages, the employee, or 18 the employee’s dependent, or the trustee of such dependent, 19 may take proceedings against the employer for compensation, 20 and the employee or, in case of death, the employee’s legal 21 representative may also maintain an action against such third 22 party for damages. When an injured employee or the employee’s 23 legal representative brings an action against such third party, 24 a copy of the original notice shall be served upon the employer 25 by the plaintiff, not less than ten days before the trial of 26 the case, but a failure to give such notice shall not prejudice 27 the rights of the employer, and the following rights and duties 28 shall ensue: 29 Sec. 27. Section 85.27, subsections 1 and 5, Code 2018, are 30 amended to read as follows: 31 1. The employer, for all injuries compensable under this 32 chapter or chapter 85A , shall furnish reasonable surgical, 33 medical, dental, osteopathic, chiropractic, podiatric, physical 34 rehabilitation, nursing, ambulance , and hospital services 35 -18- LSB 5785SC (4) 87 lh/rj 18/ 99
S.F. _____ and supplies therefor and shall allow reasonably necessary 1 transportation expenses incurred for such services. The 2 employer shall also furnish reasonable and necessary crutches, 3 artificial members and appliances but shall not be required to 4 furnish more than one set of permanent prosthetic devices. 5 5. When an artificial member or orthopedic appliance, 6 whether or not previously furnished by the employer, is damaged 7 or made unusable by circumstances arising out of and in the 8 course of employment other than through ordinary wear and tear, 9 the employer shall repair or replace it. When any crutch, 10 artificial member or appliance, whether or not previously 11 furnished by the employer, either is damaged or made unusable 12 in conjunction with a personal injury entitling the employee to 13 disability benefits , or services as provided by this section , 14 or is damaged in connection with employee actions taken which 15 avoid such personal injury, the employer shall repair or 16 replace it. 17 Sec. 28. Section 85.33, subsection 3, paragraph a, Code 18 2018, is amended to read as follows: 19 a. If an employee is temporarily, partially disabled and 20 the employer for whom the employee was working at the time of 21 injury offers to the employee suitable work consistent with the 22 employee’s disability the employee shall accept the suitable 23 work, and be compensated with temporary partial benefits. If 24 the employer offers the employee suitable work and the employee 25 refuses to accept the suitable work offered by the employer, 26 the employee shall not be compensated with temporary partial, 27 temporary total, or healing period benefits during the period 28 of the refusal. Work offered at the employer’s principal 29 place of business or established place of operation where the 30 employee has previously worked is presumed to be geographically 31 suitable for an employee whose duties involve travel away from 32 the employer’s principal place of business or established place 33 of operation more than fifty percent of the time. If suitable 34 work is not offered by the employer for whom the employee was 35 -19- LSB 5785SC (4) 87 lh/rj 19/ 99
S.F. _____ working at the time of the injury and the employee who is 1 temporarily , partially disabled elects to perform work with 2 a different employer, the employee shall be compensated with 3 temporary partial benefits. 4 Sec. 29. Section 85.43, subsections 1 and 3, Code 2018, are 5 amended to read as follows: 6 1. If the deceased employee leaves a surviving spouse 7 qualified under the provisions of section 85.42 , the full 8 compensation shall be paid to the surviving spouse, as provided 9 in section 85.31 ; provided that where a deceased employee leave 10 leaves a surviving spouse and a dependent child or children the 11 workers’ compensation commissioner may make an order of record 12 for an equitable apportionment of the compensation payments. 13 3. If the deceased leaves a dependent child or children who 14 was or were such at the time of the injury, and the surviving 15 spouse remarries, then and in such case, the payments shall be 16 paid to the proper compensation trustee for the use and benefit 17 of such dependent child or children for the period provided in 18 section 85.31 . 19 Sec. 30. Section 85.49, Code 2018, is amended to read as 20 follows: 21 85.49 Trustees for minors and dependents. 22 1. When a minor or a dependent who is mentally incompetent 23 is entitled to weekly benefits under this chapter , or chapter 24 85A or 85B , payment shall be made to the parent, guardian, or 25 conservator, who shall act as trustee, and the money coming 26 into the trustee’s hands shall be expended for the use and 27 benefit of the person entitled to it under the direction and 28 orders of a district judge. The trustee shall qualify and give 29 bond in an amount as the district judge directs, which may be 30 increased or diminished from time to time. 31 2. If the domicile or residence of the minor or dependent 32 who is mentally incompetent is outside the state of Iowa, the 33 workers’ compensation commissioner may order and direct that 34 benefits to the minors minor or dependents dependent be paid to 35 -20- LSB 5785SC (4) 87 lh/rj 20/ 99
S.F. _____ a guardian, conservator, or legal representative duly qualified 1 under the laws of the jurisdiction wherein the minors minor or 2 dependents dependent shall be domiciled or reside. Proof of 3 the identity and qualification of the guardian, conservator, or 4 other legal representative shall be furnished to the workers’ 5 compensation commissioner. 6 Sec. 31. Section 85.61, subsection 3, Code 2018, is amended 7 to read as follows: 8 3. “Gross earnings” means recurring payments by the 9 employer to the employee for employment, before any authorized 10 or lawfully required deduction or withholding of funds by 11 the employer, excluding irregular bonuses, retroactive pay, 12 overtime, penalty pay, reimbursement of expenses, expense 13 allowances, and the employer’s contribution for welfare 14 benefits. 15 Sec. 32. Section 85.70, subsection 2, paragraphs c, d, and 16 f, Code 2018, are amended to read as follows: 17 c. The employee shall be entitled to financial support from 18 the employer or the employer’s insurer for participation in 19 the new career vocational and education training and education 20 program in a total amount not to exceed fifteen thousand 21 dollars to be used for the payment of tuition and fees and 22 the purchase of required supplies. The community college in 23 which an employee is enrolled pursuant to the program shall 24 bill the employer or the employer’s insurer for the employee’s 25 tuition and fees each semester, or the equivalent, that the 26 employee is enrolled in the program. The employer or the 27 employer’s insurer shall also pay for the purchase of supplies 28 required by the employee to participate in the program, upon 29 receipt of documentation from the employee detailing the cost 30 of the supplies and the necessity for purchasing the supplies. 31 Such documentation may include written course requirements or 32 other documentation from the community college or the course 33 instructor regarding the necessity for the purchase of certain 34 supplies. 35 -21- LSB 5785SC (4) 87 lh/rj 21/ 99
S.F. _____ d. The employer or the employer’s insurer may request a 1 periodic status report each semester from the community college 2 documenting the employee’s attendance and participation in and 3 completion of the education and career vocational training 4 and education program. If an employee does not meet the 5 attendance requirements of the community college at which the 6 employee is enrolled or does not maintain a passing grade in 7 each course in which the employee is enrolled each semester, 8 or the equivalent, the employee’s eligibility for continued 9 participation in the program is terminated. 10 f. Beginning on or before December 1, 2018, the department 11 of workforce development, in cooperation with the department 12 of education, the insurance division of the department of 13 commerce, and all community colleges that are participating 14 in the new career and vocational training and education 15 program, shall prepare an annual report for submission to the 16 general assembly that provides information about the status 17 of the program including but not limited to the utilization 18 of and participants in the program, program completion rates, 19 employment rates after completion of the program and the types 20 of employment obtained by the program participants, and the 21 effects of the program on workers’ compensation premium rates. 22 Sec. 33. Section 88.7, subsection 1, paragraph b, Code 2018, 23 is amended to read as follows: 24 b. If, upon inspection or investigation, the commissioner or 25 the commissioner’s authorized representative believes that an 26 employee, under the employee’s own volition, has violated the 27 requirements of section 88.4 , of any standard, rule or rules 28 promulgated pursuant to section 88.5 , or of any regulations 29 prescribed pursuant to this chapter , the commissioner shall 30 with reasonable promptness issue a citation to the employee. 31 Each citation shall be in writing and shall describe with 32 particularity the nature of the violation, including a 33 reference to the provision of the chapter, standard, rules, 34 regulations or order alleged to have been violated. The 35 -22- LSB 5785SC (4) 87 lh/rj 22/ 99
S.F. _____ commissioner shall prescribe procedures for the issuance of 1 a notice in lieu of a citation with respect to de minimis 2 violations which have no direct or immediate relationship to 3 safety and health. 4 Sec. 34. Section 88A.3, subsection 1, Code 2018, is amended 5 to read as follows: 6 1. The commissioner shall adopt rules pursuant to chapter 7 17A for the safe installation, repair, maintenance, use, 8 operation, and inspection of amusement devices, amusement 9 rides, concession booths, and related electrical equipment at 10 carnivals and fairs to the extent necessary for the protection 11 of the public. The rules shall be based on generally accepted 12 engineering standards and shall be concerned with, but not 13 necessarily limited to, engineering force stresses, safety 14 devices, and preventive maintenance. If standards are 15 available in suitable form, the standards may be incorporated 16 by reference. The rules shall provide for the reporting of 17 accidents and injuries incurred from the operation of amusement 18 devices or rides, concession booths, or related electrical 19 equipment. 20 Sec. 35. Section 92.4, subsection 1, Code 2018, is amended 21 to read as follows: 22 1. Those persons legally out of school, and if such status 23 is verified by the submission of written proof to the labor 24 commissioner. 25 Sec. 36. Section 92.21, Code 2018, is amended to read as 26 follows: 27 92.21 Rules and orders of labor commissioner. 28 1. The labor commissioner may adopt rules pursuant to 29 chapter 17A to more specifically define the occupations and 30 equipment permitted or prohibited in this chapter , to determine 31 occupations for which work permits are required, and to 32 issue general and special orders prohibiting or allowing the 33 employment of persons under eighteen years of age in any place 34 of employment defined in this chapter as hazardous to the 35 -23- LSB 5785SC (4) 87 lh/rj 23/ 99
S.F. _____ health, safety, and welfare of the persons. 1 2. The labor commissioner shall adopt rules pursuant to 2 chapter 17A specifically defining the civil penalty amount to 3 be assessed for violations of this chapter . 4 Sec. 37. Section 100.19, subsection 4, paragraph d, Code 5 2018, is amended by striking the paragraph. 6 Sec. 38. Section 100.19, Code 2018, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 4A. A retailer or community group shall not 9 transfer consumer fireworks, as described in APA 87-1, chapter 10 3, to a person who is under eighteen years of age. 11 Sec. 39. Section 123.38, subsection 2, Code 2018, is amended 12 to read as follows: 13 2. a. Any licensee or permittee, or the licensee’s or 14 permittee’s executor or administrator, or any person duly 15 appointed by the court to take charge of and administer the 16 property or assets of the licensee or permittee for the benefit 17 of the licensee’s or permittee’s creditors, may voluntarily 18 surrender a license or permit to the division. When a license 19 or permit is surrendered the division shall notify the local 20 authority, and the division or the local authority shall 21 refund to the person surrendering the license or permit, a 22 proportionate amount of the fee received by the division or the 23 local authority for the license or permit as follows: if 24 (1) If a license or permit is surrendered during the first 25 three months of the period for which it was issued, the refund 26 shall be three-fourths of the amount of the fee ; if . 27 (2) If surrendered more than three months but not more than 28 six months after issuance, the refund shall be one-half of the 29 amount of the fee ; if . 30 (3) If surrendered more than six months but not more than 31 nine months after issuance, the refund shall be one-fourth of 32 the amount of the fee. 33 (4) No refund shall be made , however, for any special 34 permit, liquor control license, wine permit, or beer permit 35 -24- LSB 5785SC (4) 87 lh/rj 24/ 99
S.F. _____ surrendered more than nine months after issuance. 1 b. For purposes of this subsection , any portion of license 2 or permit fees used for the purposes authorized in section 3 331.424, subsection 1 , paragraph “a” , subparagraphs (1) and 4 (2), and in section 331.424A , shall not be deemed received 5 either by the division or by a local authority. 6 c. No refund shall be made to any licensee or permittee 7 upon the surrender of the license or permit if there is at the 8 time of surrender a complaint filed with the division or local 9 authority charging the licensee or permittee with a violation 10 of this chapter . 11 d. If upon a hearing on a complaint the license or permit 12 is not revoked or suspended, then the licensee or permittee is 13 eligible, upon surrender of the license or permit, to receive a 14 refund as provided in this section . However, if the license or 15 permit is revoked or suspended upon hearing, the licensee or 16 permittee is not eligible for the refund of any portion of the 17 license or permit fee. 18 Sec. 40. Section 124.206, subsection 2, paragraph d, 19 unnumbered paragraph 1, Code 2018, is amended to read as 20 follows: 21 Coca leaves and any salt, compound, derivative, or 22 preparation of coca leaves , including cocaine and ecgonine and 23 their salts, isomers, derivatives and salts of isomers and 24 derivatives, and any salt, compound, derivative, or preparation 25 thereof that is chemically equivalent or identical to any of 26 such substances, except that the substances shall not include: 27 Sec. 41. Section 124.510, Code 2018, is amended to read as 28 follows: 29 124.510 Reports of arrests and analyses to department. 30 Any peace officer who arrests for any crime, any known 31 unlawful user of the drugs described in schedule I, II, III, 32 or IV, or who arrests any person for a violation of this 33 chapter , or charges any person with a violation of this chapter 34 subsequent to the person’s arrest, shall within five days after 35 -25- LSB 5785SC (4) 87 lh/rj 25/ 99
S.F. _____ the arrest or the filing of the charge, whichever is later, 1 report the arrest and the charge filed to the department. The 2 peace officer or any other peace officer or law enforcement 3 agency which makes or obtains any quantitative or qualitative 4 analysis of any substance seized in connection with the arrest 5 of the person charged, shall report to the department the 6 results of the analysis at the time the arrest is reported 7 or at such later time as the results of the analysis become 8 available. This information is for the exclusive use of the 9 division of narcotics enforcement in the department of public 10 safety, and shall not be a matter of public record. 11 This information is for the exclusive use of the division of 12 narcotics enforcement in the department of public safety, and 13 shall not be a matter of public record. 14 Sec. 42. Section 126.14, subsection 1, Code 2018, is amended 15 to read as follows: 16 1. a. It bears or contains a poisonous or deleterious 17 substance which may render it injurious to users under the 18 conditions of use prescribed in its labeling or under customary 19 or usual conditions of use. However, this does not apply to 20 coal-tar hair dye if the label of the dye bears the following 21 legend conspicuously displayed and the label bears adequate 22 directions for the preliminary testing : 23 “Caution Caution —— This product contains ingredients 24 which may cause skin irritation on certain individuals and a 25 preliminary test according to accompanying directions should 26 first be made. This product must not be used for dyeing the 27 eyelashes or eyebrows; to do so may cause blindness”; and the 28 label bears adequate directions for the preliminary testing 29 blindness . 30 b. For the purposes of this subsection and subsection 5 , 31 “hair dye” does not include eyelash dyes or eyebrow dyes. 32 Sec. 43. Section 135B.21, Code 2018, is amended to read as 33 follows: 34 135B.21 Functions of hospital. 35 -26- LSB 5785SC (4) 87 lh/rj 26/ 99
S.F. _____ The ownership , and maintenance , and operation of the 1 laboratory and X-ray facilities and the operation of same under 2 this subchapter are proper functions of a hospital. 3 Sec. 44. Section 137C.1, Code 2018, is amended to read as 4 follows: 5 137C.1 Title. 6 This chapter shall be known as the Iowa hotel sanitation code 7 “Iowa Hotel Sanitation Code” . 8 Sec. 45. Section 137C.35, Code 2018, is amended to read as 9 follows: 10 137C.35 Bed and breakfast homes and inns. 11 1. This chapter does not apply to bed and breakfast homes as 12 defined in section 137F.1 . However, a bed and breakfast home 13 shall have a smoke detector in proper working order in each 14 sleeping room and a fire extinguisher in proper working order 15 on each floor. A bed and breakfast home which does not receive 16 its drinking water from a public water supply shall have its 17 drinking water tested at least annually by the state hygienic 18 laboratory or the local board of health. A violation of this 19 section is punishable as provided in section 137C.28 . 20 2. A bed and breakfast inn is subject to regulation, 21 licensing, and inspection under this chapter , but separate 22 toilet and lavatory facilities shall not be required for each 23 guest room. Additionally, a bed and breakfast inn is exempt 24 from fire safety rules adopted pursuant to section 100.35 and 25 applicable to hotels, but is subject to fire safety rules which 26 the state fire marshal shall specifically adopt for bed and 27 breakfast inns. 28 3. A violation of this section is punishable as provided in 29 section 137C.28. 30 Sec. 46. Section 147.136A, subsection 1, paragraph a, Code 31 2018, is amended to read as follows: 32 a. “Health care provider” means a hospital as defined in 33 section 135B.1, a health care facility as defined in section 34 135C.1, a health facility as defined in section 135P.1, a 35 -27- LSB 5785SC (4) 87 lh/rj 27/ 99
S.F. _____ physician or an osteopathic physician licensed under chapter 1 148 , a chiropractor licensed under chapter 151 , a podiatrist 2 licensed under chapter 149 , a physician assistant licensed and 3 practicing under a supervising physician under chapter 148C , a 4 podiatrist licensed under chapter 149, a chiropractor licensed 5 under chapter 151, a licensed practical nurse, a registered 6 nurse, or an advanced registered nurse practitioner licensed 7 under chapter 152 or 152E , a dentist licensed under chapter 8 153 , an optometrist licensed under chapter 154 , a pharmacist 9 licensed under chapter 155A , a hospital as defined in section 10 135B.1 , a health care facility as defined in section 135C.1 , a 11 health facility as defined in section 135P.1 , a professional 12 corporation under chapter 496C that is owned by persons 13 licensed to practice a profession listed in this paragraph, 14 or any other person or entity who is licensed, certified, or 15 otherwise authorized or permitted by the law of this state to 16 administer health care in the ordinary course of business or in 17 the practice of a profession. 18 Sec. 47. Section 148D.2, Code 2018, is amended to read as 19 follows: 20 148D.2 Establishment. 21 1. A statewide medical education system is established 22 for the purpose of training resident physicians in family 23 practice. The dean of the college of medicine is responsible 24 for implementing the development and expansion of residency 25 programs in cooperation with the medical profession, hospitals, 26 and clinics located throughout the state. The head of the 27 department of family practice in the college of medicine 28 shall determine where affiliated residency programs shall be 29 established, giving consideration to communities in the state 30 where the population, hospital facilities, number of physicians 31 and interest in medical education indicate the potential 32 success of the residency programs. The medical education 33 systems shall provide financial support for residents in 34 training in accredited affiliated residency programs and shall 35 -28- LSB 5785SC (4) 87 lh/rj 28/ 99
S.F. _____ establish positions for a director, assistant director, and 1 other faculty in the programs. 2 2. To assure continued growth, development, and academic 3 essentials in ongoing programs, nonaffiliated residency 4 programs which are accredited by a recognized national 5 accrediting organization, shall be funded under this chapter 6 at a level commensurate with the support of the affiliated 7 residency programs having a comparable number of residents in 8 training or, if there are no affiliated residency programs 9 having a comparable number of residents in training, then a 10 nonaffiliated program shall be funded in an amount determined 11 on a pro rata capitation basis for each resident in training, 12 equivalent to the per capita funding for each resident in 13 training in an affiliated program having the nearest number of 14 residents in training. As used in the preceding sentence this 15 subsection , “support” means both cash grants and the value of 16 service directly provided to affiliated residency programs by 17 the college of medicine. 18 Sec. 48. Section 161A.24, Code 2018, is amended to read as 19 follows: 20 161A.24 Assessment for improvements. 21 1. At the time of appointing said the appraisers, the 22 governing body shall fix the time within which said assessment, 23 classification, and apportionment shall be made, which may 24 be extended for good cause shown. Within twenty days after 25 their appointment, they the appraisers shall begin to inspect 26 and classify all the lands within said the district, or any 27 change, extension, enlargement, or relocation thereof in tracts 28 of forty acres or less according to the legal or recognized 29 subdivisions, in a graduated scale of benefits to be numbered 30 according to the benefit to be received by each of such tracts 31 from such improvement, and pursue said the work continuously 32 until completed and, when . When the work is completed, the 33 appraisers shall make a full, accurate, and detailed report 34 thereof and file the same report with the governing body. The 35 -29- LSB 5785SC (4) 87 lh/rj 29/ 99
S.F. _____ lands receiving the greatest benefit shall be marked on a scale 1 of one hundred, and those benefited in a less degree with such 2 percentage of one hundred as the benefits received bear in 3 proportion thereto. 4 2. The amount of benefit appraised to each forty acres 5 of land within the subdistrict shall be determined by the 6 improvements within said subdistrict based upon the work plan 7 as agreed upon by the subdistrict. 8 Sec. 49. Section 164.3, Code 2018, is amended to read as 9 follows: 10 164.3 Female animals vaccinated. 11 Native female bovine animals of any breed between the ages 12 of four months and twelve months may be officially vaccinated 13 for brucellosis according to procedures approved by the United 14 States department of agriculture. Native female designated 15 animals other than bovine animals may be vaccinated as provided 16 by rules adopted by the department of agriculture and land 17 stewardship . The expense of the vaccination shall be borne in 18 the same manner as provided in section 164.6 . 19 Sec. 50. Section 179.8, Code 2018, is amended to read as 20 follows: 21 179.8 Payment of expenses —— limitation. 22 1. No part of the expense incurred by the commission 23 shall be paid out of moneys in the state treasury except 24 moneys transferred to the commission from the dairy industry 25 fund. Moneys transferred from the fund to the commission, as 26 provided in section 179.5 , shall be used for the payment of 27 all salaries , and other expenses necessary , to carry out the 28 provisions of this chapter . However, in no event shall the 29 total expenses exceed the total taxes collected and transferred 30 from the fund to the commission. 31 2. No more than five percent of the excise tax collected and 32 received by the commission pursuant to section 179.5 shall be 33 utilized for administrative expenses of the commission. 34 Sec. 51. Section 185.25, Code 2018, is amended to read as 35 -30- LSB 5785SC (4) 87 lh/rj 30/ 99
S.F. _____ follows: 1 185.25 Special referendum —— producer petition. 2 1. Upon receipt of a petition not less than one hundred 3 fifty nor more than two hundred forty days from a four-year 4 anniversary of the effective date of an initial promotional 5 order signed within that same period by a number of producers 6 equal to or greater than one percent of the number of 7 producers reported in the most recent United States census 8 of agriculture, requesting a referendum to determine whether 9 to extend the promotional order, the secretary shall call a 10 referendum to be conducted not earlier than thirty days before 11 the four-year anniversary date. If the secretary determines 12 that extension of the promotional order is not favored by 13 a majority of the producers voting in the referendum, the 14 promotional order shall be terminated as provided in section 15 185.24 . If the promotional order is terminated, another 16 referendum shall not be held within one hundred eighty days. A 17 succeeding referendum shall be called by the secretary upon the 18 petition of a number of producers equal to or greater than one 19 percent of the number of producers reported in the most recent 20 United States census of agriculture requesting a referendum, 21 who shall guarantee the costs of the referendum. 22 2. If no valid petition is received by the secretary 23 within the time period described above in subsection 1 , or 24 if a petition is received but the referendum to extend the 25 promotional order passes, the promotional order shall continue 26 in effect for four additional years from the anniversary of its 27 effective date. 28 Sec. 52. Section 192.103, subsections 1 and 2, Code 2018, 29 are amended to read as follows: 30 1. Only grade “A” pasteurized milk and milk products 31 shall be sold to the final consumer, or to restaurants, soda 32 fountains, grocery stores, or similar establishments ; except . 33 However, in an emergency, the sale of pasteurized milk and milk 34 products which have not been graded, or the grade of which is 35 -31- LSB 5785SC (4) 87 lh/rj 31/ 99
S.F. _____ unknown, may be authorized by the secretary, in which case, 1 such products shall be labeled “ungraded”. 2 2. No person shall within the state produce, provide, 3 sell, offer, or expose for sale, or have in possession with 4 intent to sell, any milk or milk product which is adulterated 5 or misbranded ; except . However , in an emergency, the sale 6 of pasteurized milk and milk products which have not been 7 graded, or the grade of which is unknown, may be authorized by 8 the secretary, in which case such products shall be labeled 9 “ungraded”. 10 Sec. 53. Section 200.17, Code 2018, is amended to read as 11 follows: 12 200.17 Seizure, condemnation , and sale. 13 Any lot of commercial fertilizer or soil conditioner not 14 in compliance with the provisions of this chapter shall be 15 subject to seizure on complaint of the secretary to a court 16 of competent jurisdiction in the county or adjoining county 17 in which said the commercial fertilizer or soil conditioner 18 is located. In the event the court finds the said commercial 19 fertilizer or soil conditioner to be in violation of this 20 chapter and orders the condemnation of said the commercial 21 fertilizer or soil conditioner, it shall be disposed of in any 22 manner consistent with the quality of the commercial fertilizer 23 or soil conditioner and the laws of the state: Except state. 24 However, in no instance shall the disposition of said the 25 commercial fertilizer or soil conditioner be ordered by the 26 court without first giving the claimant an opportunity to apply 27 to the court for release of said the commercial fertilizer or 28 soil conditioner or for permission to reprocess or relabel said 29 the commercial fertilizer or soil conditioner to bring it into 30 compliance with this chapter . 31 Sec. 54. Section 206.2, subsection 18, paragraph b, 32 subparagraph (8), Code 2018, is amended to read as follows: 33 (8) If in the case of a plant growth regulator, defoliant, 34 or desiccant when used as directed it shall be injurious to 35 -32- LSB 5785SC (4) 87 lh/rj 32/ 99
S.F. _____ living man humans or other vertebrate animals, or vegetation to 1 which it is applied, or to the person applying such pesticide; 2 provided, that physical or physiological effects on plants or 3 parts thereof shall not be deemed to be injury, when this is 4 the purpose for which the plant growth regulator, defoliant, or 5 desiccant was applied, in accordance with the label claims and 6 recommendations. 7 Sec. 55. Section 206.2, subsection 31, Code 2018, is amended 8 to read as follows: 9 31. “Unreasonable adverse effects on the environment” means 10 any unreasonable risk to man humans or the environment, taking 11 into account the economic, social, and environmental costs and 12 benefits of the use of any pesticide. 13 Sec. 56. Section 217.5, Code 2018, is amended to read as 14 follows: 15 217.5 Director of human services. 16 The chief administrative officer for the department of human 17 services is the director of human services. The director shall 18 be appointed by the governor subject to confirmation by the 19 senate and shall serve at the pleasure of the governor. The 20 governor shall fill a vacancy in this office in the same manner 21 as the original appointment was made. The director shall be 22 selected primarily for administrative ability. The director 23 shall not be selected on the basis of political affiliation 24 and shall not engage in political activity while holding this 25 position. 26 The director shall not be selected on the basis of political 27 affiliation and shall not engage in political activity while 28 holding this position. 29 Sec. 57. Section 218.4, subsection 2, Code 2018, is amended 30 to read as follows: 31 2. Rules adopted by the council pursuant to chapter 17A 32 shall be uniform and shall apply to all institutions under the 33 particular administrator and to all other institutions under 34 the administrator’s jurisdiction , and the . The primary rules 35 -33- LSB 5785SC (4) 87 lh/rj 33/ 99
S.F. _____ for use in institutions where persons with mental illness are 1 served shall, unless otherwise indicated, uniformly apply 2 to county or private hospitals in which persons with mental 3 illness are served, but the rules shall not interfere with 4 proper medical treatment administered to patients by competent 5 physicians. Annually, signed copies of the rules shall be 6 sent to the superintendent of each institution or hospital 7 under the control or supervision of a particular administrator 8 and copies . Copies shall also be sent to the clerk of each 9 district court, the chairperson of the board of supervisors 10 of each county and, as appropriate, to the officer in charge 11 of institutions or hospitals caring for persons with mental 12 illness in each county who shall be responsible for seeing 13 that the rules are posted in each institution or hospital in a 14 prominent place. The rules shall be kept current to meet the 15 public need and shall be revised and published annually. 16 Sec. 58. Section 218.9, Code 2018, is amended to read as 17 follows: 18 218.9 Appointment of superintendents. 19 1. The administrator in charge of an institution, subject to 20 the approval of the director of human services, shall appoint 21 the superintendent of the institution. The tenure of office 22 shall be at the pleasure of the appointing authority. The 23 appointing authority may transfer a superintendent or warden 24 from one institution to another. 25 2. The superintendent or warden shall have immediate 26 custody and control, subject to the orders and policies of the 27 division administrator in charge of the institution, of all 28 property used in connection with the institution except as 29 provided in this chapter . The tenure of office shall be at the 30 pleasure of the appointing authority. The appointing authority 31 may transfer a superintendent or warden from one institution 32 to another. 33 Sec. 59. Section 218.21, Code 2018, is amended to read as 34 follows: 35 -34- LSB 5785SC (4) 87 lh/rj 34/ 99
S.F. _____ 218.21 Record of residents. 1 The administrator of the department of human services in 2 control of a state institution shall, as to every person 3 committed to any of said the institutions, keep the following 4 record: 5 1. Name , residence, sex, age, nativity, occupation, civil . 6 2. Residence. 7 3. Sex. 8 4. Age. 9 5. Nativity. 10 6. Occupation. 11 7. Civil condition , date . 12 8. Date of entrance or commitment , date . 13 9. Date of discharge , whether . 14 10. Whether a discharge was final , condition . 15 11. Condition of the person when discharged , the . 16 12. The name of the institutions from which and to which 17 such person has been transferred , and, if . 18 13. If dead, the date , and cause of the person’s death. 19 Sec. 60. Section 222.85, Code 2018, is amended to read as 20 follows: 21 222.85 Deposit of moneys —— exception to guardians. 22 1. Any funds coming into the possession of the 23 superintendent or any employee of a resource center or special 24 unit belonging to any patient in that institution shall be 25 deposited in the name of the patient in the patients’ personal 26 deposit fund, except that if a guardian of the property has 27 been appointed for the person, the guardian shall have the 28 right to demand and receive such funds. Funds belonging to a 29 patient deposited in the patients’ personal deposit fund may 30 be used for the purchase of personal incidentals, desires, and 31 comforts for the patient. 32 2. Money paid to a resource center from any source other 33 than state appropriated funds and intended to pay all or a 34 portion of the cost of care of a patient, which cost would 35 -35- LSB 5785SC (4) 87 lh/rj 35/ 99
S.F. _____ otherwise be paid from state or county funds or from the 1 patient’s own funds, shall not be deemed money “funds belonging 2 to the patient a patient” for the purposes of this section . 3 Sec. 61. Section 232.52, subsection 2, paragraph a, 4 subparagraph (4), subparagraph division (a), subparagraph 5 subdivision (viii), Code 2018, is amended to read as follows: 6 (viii) Section 724.4 or 724.4B . 7 Sec. 62. Section 232.72, subsection 2, Code 2018, is amended 8 to read as follows: 9 2. However, if If the person making a report of child 10 abuse pursuant to this chapter does not know where the child’s 11 home is located, or if the child’s home is not located in the 12 service area where the health practitioner examines, attends, 13 or treats the child, the report may be made to the department 14 or to the local office serving the county where the person 15 making the report resides or the county where the health 16 practitioner examines, attends, or treats the child. These 17 agencies shall promptly proceed as provided in section 232.71B , 18 unless the matter is transferred as provided in this section . 19 Sec. 63. Section 232.158A, subsection 1, unnumbered 20 paragraph 1, Code 2018, is amended to read as follows: 21 Notwithstanding any provision of the interstate compact 22 on the placement of children under section 232.158 to the 23 contrary, the department of human services shall permit the 24 legal risk placement of a child under the interstate compact on 25 the placement of children if the prospective adoptive parent 26 provides a legal risk statement, in writing, acknowledging all 27 of the following: 28 Sec. 64. Section 249A.47, subsection 4, Code 2018, is 29 amended to read as follows: 30 4. Of any amount recovered arising out of a claim under Tit. 31 XIX or XXI of the federal Social Security Act, the department 32 shall receive the amount bearing the same proportion paid by 33 the department for such claims, including any federal share 34 that must be returned to the centers for Medicare and Medicaid 35 -36- LSB 5785SC (4) 87 lh/rj 36/ 99
S.F. _____ services of the United States department of health and human 1 services. The remainder of any amount recovered shall be 2 deposited in the general fund of the state. 3 Sec. 65. Section 251.1, Code 2018, is amended to read as 4 follows: 5 251.1 Definitions. 6 As used in this chapter : 7 1. “Administrator” means the administrator of the division 8 of adult, children, and family services of the department of 9 human services. 10 2. “Division” or “state division” means the division of 11 child adult, children, and family services of the department 12 of human services ; “administrator” means the administrator of 13 the division of child and family services of the department of 14 human services . 15 Sec. 66. Section 260C.35, Code 2018, is amended to read as 16 follows: 17 260C.35 Limitation on land. 18 1. A merged area shall not purchase land which will increase 19 the aggregate of land owned by the merged area, excluding land 20 acquired by donation or gift, to more than three hundred twenty 21 acres without the approval of the director of the department 22 of education. The limitation does not apply to a merged area 23 owning more than three hundred twenty acres, excluding land 24 acquired by donation or gift, prior to January 1, 1969. 25 2. With the approval of the director of the department 26 of education, the board of directors of a merged area at any 27 time may sell any land in excess of one hundred sixty acres 28 owned by the merged area, and an election is not necessary in 29 connection with the sale. The proceeds of the sale may be 30 used for any of the purposes stated in section 260C.22 . This 31 paragraph subsection is in addition to any authority under 32 other provisions of law. 33 Sec. 67. Section 260F.2, subsection 11, Code 2018, is 34 amended to read as follows: 35 -37- LSB 5785SC (4) 87 lh/rj 37/ 99
S.F. _____ 11. “Project” means a training arrangement which is the 1 subject of an agreement entered into between the community 2 college and a business to provide program services. “Project” 3 also means an authority-sponsored a training arrangement which 4 is sponsored by the authority and administered under sections 5 260F.6A and 260F.6B . 6 Sec. 68. Section 261.1, subsection 2, paragraph d, 7 subparagraph (2), Code 2018, is amended to read as follows: 8 (2) One member shall be selected to represent Iowa’s 9 community colleges. When appointing this member, the governor 10 shall give careful consideration to any person or persons 11 nominated or recommended by any organization or association of 12 Iowa community colleges. 13 Sec. 69. Section 261.2, subsection 10, paragraph b, Code 14 2018, is amended to read as follows: 15 b. The institutions are eligible to participate in a federal 16 student aid program authorized under Tit. IV of the federal 17 Higher Education Act of 1965, Pub. L. No. 89-329, as amended. 18 Sec. 70. Section 262.75, Code 2018, is amended to read as 19 follows: 20 262.75 Incentives for cooperating teachers. 21 1. A cooperating teacher incentive program is established 22 to encourage experienced teachers to serve as cooperating 23 teachers for student teachers enrolled in the institutions of 24 higher education under the control of the board. 25 2. An individual who submits evidence to an institution 26 that the individual has satisfactorily served as a cooperating 27 teacher for a student teacher from any of the institutions 28 of higher education under the control of the board for the 29 duration of the student teaching experience shall receive from 30 the institution either a monetary recompense or a reduction 31 in tuition for graduate hours of coursework equivalent to the 32 value of the monetary recompense, rounded to the nearest whole 33 credit hour. 34 a. If, because of a policy adopted by the board of directors 35 -38- LSB 5785SC (4) 87 lh/rj 38/ 99
S.F. _____ employing the teacher, the amount of the monetary recompense 1 is not made available to the teacher for the teacher’s own 2 personal use or the salary paid to the cooperating teacher by 3 the employing board is correspondingly reduced, the institution 4 shall grant the teacher the reduction in tuition pursuant to 5 this section in lieu of the monetary recompense. 6 b. In lieu of the payment of monetary recompense to a 7 cooperating teacher, the cooperating teacher may direct that 8 the monetary recompense be paid by the institution directly 9 into a scholarship fund which has been established jointly by 10 the board of directors of the school district that employs 11 the teacher and the local teachers’ association. In such 12 cases, the cooperating teacher shall receive neither monetary 13 recompense nor any reduction in tuition at the institution. 14 Sec. 71. Section 263.17, subsection 2, Code 2018, is amended 15 to read as follows: 16 2. a. The center shall be a cooperative effort of 17 representatives of the following organizations: 18 (1) The state university of Iowa department of preventive 19 medicine occupational and environmental health. 20 (2) The department of pediatrics of the university of Iowa 21 college of medicine. 22 (3) The state hygienic laboratory. 23 (4) The institute of agricultural medicine rural and 24 environmental health . 25 (5) The Iowa cancer center. 26 (6) The department of civil and environmental engineering. 27 (7) Appropriate clinical and basic science departments. 28 (8) The college of law. 29 (9) The college of liberal arts and sciences. 30 (10) The Iowa department of public health. 31 (11) The department of natural resources. 32 (12) The department of agriculture and land stewardship. 33 b. The active participation of the national cancer 34 institute, the agency for toxic substances and disease 35 -39- LSB 5785SC (4) 87 lh/rj 39/ 99
S.F. _____ registries registry , the national center centers for disease 1 control and prevention , the United States environmental 2 protection agency, and the United States geological survey, 3 shall also be sought and encouraged. 4 Sec. 72. Section 273.25, Code 2018, is amended to read as 5 follows: 6 273.25 Dissolution commission meetings. 7 1. The commission shall hold an organizational meeting 8 not more than fifteen days after its appointment and shall 9 elect a chairperson and vice chairperson from its membership. 10 Thereafter the commission may meet as often as deemed 11 necessary upon the call of the chairperson or a majority of the 12 commission members. 13 2. The commission shall request statements from contiguous 14 area education agencies outlining each agency’s willingness to 15 accept attachments of the affected area education agency to the 16 contiguous agencies and what conditions, if any, the contiguous 17 agency recommends. The commission shall meet with boards of 18 contiguous area education agencies and with boards of directors 19 of the affected school districts to the extent possible in 20 drawing up the dissolution proposal. 21 3. The commission may seek assistance from the department 22 of education. 23 Sec. 73. Section 274.37, Code 2018, is amended to read as 24 follows: 25 274.37 Boundaries changed by action of boards —— buildings 26 constructed. 27 1. The boundary lines of contiguous school corporations may 28 be changed by the concurrent action of the respective boards 29 of directors at their regular meetings in July, or at special 30 meetings called for that purpose. Such concurrent action shall 31 be subject to the approval of the area education agency board 32 but such concurrent action shall stand approved if the said 33 board does not disapprove such concurrent action within thirty 34 days following receipt of notice thereof. The corporation from 35 -40- LSB 5785SC (4) 87 lh/rj 40/ 99
S.F. _____ which territory is detached shall, after the change, contain 1 not less than four government sections of land. 2 2. The boards in the respective districts, the boundaries 3 of which have been changed under this section , complete in 4 all respects except for the passage of time prior to the 5 effective date of the change, and when the right of appeal of 6 the change has expired, may enter into joint contracts for the 7 construction of buildings for the benefit of the corporations 8 whose boundaries have been changed, using funds accumulated 9 under the physical plant and equipment levy in section 298.2 . 10 The district in which the building is to be located may use any 11 funds authorized in accordance with chapter 75 . 12 3. This section does not permit the changed districts to 13 expend any funds jointly which they are not entitled to expend 14 acting individually. 15 Sec. 74. Section 275.2, Code 2018, is amended to read as 16 follows: 17 275.2 Scope of surveys. 18 1. The scope of the studies and surveys shall include 19 all of the following matters in the various districts in the 20 area education agency and all districts adjacent to the area 21 education agency: the 22 a. The adequacy of the educational program , pupil . 23 b. Pupil enrollment , property . 24 c. Property valuations , existing . 25 d. Existing buildings and equipment , natural . 26 e. Natural community areas , road . 27 f. Road conditions , transportation, economic . 28 g. Transportation. 29 h. Economic factors , individual . 30 i. Individual attention given to the needs of students , the . 31 j. The opportunity of students to participate in a wide 32 variety of activities related to the total development of the 33 student , and other . 34 k. Other matters that may bear on educational programs 35 -41- LSB 5785SC (4) 87 lh/rj 41/ 99
S.F. _____ meeting minimum standards required by law. 1 2. The plans shall also include suggested alternate plans 2 that incorporate the school districts in the area education 3 agency into reorganized districts that meet the enrollment 4 standards specified in section 275.3 and may include alternate 5 plans proposed by school districts for sharing programs 6 under section 28E.9 , 256.13 , 280.15 , 282.7 , or 282.10 as an 7 alternative to school reorganization. 8 Sec. 75. Section 275.52, Code 2018, is amended to read as 9 follows: 10 275.52 Meetings. 11 1. The commission shall hold an organizational meeting 12 not more than fifteen days after its appointment and shall 13 elect a chairperson and vice chairperson from its membership. 14 Thereafter the commission may meet as often as deemed 15 necessary upon the call of the chairperson or a majority of the 16 commission members. 17 2. The commission shall request statements from contiguous 18 school districts outlining each district’s willingness 19 to accept attachments of the affected school district to 20 the contiguous districts and what conditions, if any, the 21 contiguous school district recommends. The commission shall 22 meet with boards of contiguous school districts and with 23 residents of the affected school district to the extent 24 possible in drawing up the dissolution proposal. 25 3. The commission may seek assistance from the area 26 education agency and the department of education. 27 Sec. 76. Section 306.41, Code 2018, is amended to read as 28 follows: 29 306.41 Temporary closing for construction. 30 1. The agency having jurisdiction and control over any 31 highway in the state, or the chief engineer of said the 32 agency when delegated by such agency, may temporarily close 33 sections of a highway by formal resolution entered upon the 34 minutes of such agency when reasonably necessary because 35 -42- LSB 5785SC (4) 87 lh/rj 42/ 99
S.F. _____ of construction, reconstruction, maintenance or natural 1 disaster and shall cause to be erected “road closed” signs 2 and partial or total barricades in the roadway at each end 3 of the closed highway section and on the closed highway 4 where that highway is intersected by other highways if such 5 intersection remains open. Any numbered road closed for over 6 forty-eight hours shall have a designated detour route. The 7 agency having jurisdiction over a section of highway closed 8 in accordance with the provisions of this section , or the 9 persons or contractors employed to carry out the construction, 10 reconstruction, or maintenance of the closed section of 11 highway, shall not be liable for any damages to any vehicle 12 that enters the closed section of highway or the contents of 13 such vehicle or for any injuries to any person that enters the 14 closed section of highway, unless the damages are caused by 15 gross negligence of the agency or contractor. 16 2. Nothing herein in this section shall be construed to 17 prohibit or deny any person from gaining lawful access to the 18 person’s property or residence, nor shall it change or limit 19 liability to such persons. 20 Sec. 77. Section 306A.5, Code 2018, is amended to read as 21 follows: 22 306A.5 Acquisition of property and property rights. 23 1. For the purposes of this chapter , cities and highway 24 authorities having jurisdiction and control over the highways 25 of the state, as provided by chapter 306 , may acquire private 26 or public property rights for controlled-access facilities 27 and service roads, including rights of access, air, view, and 28 light, by gift, devise, purchase, or condemnation in the same 29 manner as such units are authorized by law to acquire such 30 property or property rights in connection with highways and 31 streets within their respective jurisdictions. All property 32 rights acquired under this chapter shall be in fee simple. In 33 connection with the acquisition of property or property rights 34 for a controlled-access facility or portion of, or service road 35 -43- LSB 5785SC (4) 87 lh/rj 43/ 99
S.F. _____ in connection with a controlled-access facility, the cities and 1 highway authorities, in their discretion, may acquire an entire 2 lot, block, or tract of land, if by so doing the interests of 3 the public will be best served, even though the entire lot, 4 block, or tract is not immediately needed for the right-of-way 5 proper. 6 2. No access Access rights to any highway shall not be 7 acquired by any authority having jurisdiction and control 8 over the highways of this state by adverse possession or 9 prescriptive right. No action heretofore or hereafter Action 10 taken by any such authority shall not form the basis for any 11 claim of adverse possession of , or prescriptive right to any 12 access rights by any such authority. 13 Sec. 78. Section 308.1, Code 2018, is amended to read as 14 follows: 15 308.1 Planning commission. 16 1. The Mississippi parkway planning commission shall be 17 composed of ten members appointed by the governor, five members 18 to be appointed for two-year terms beginning July 1, 1959, and 19 five members to be appointed for four-year terms beginning July 20 1, 1959. In addition to the above members there shall be seven 21 advisory ex officio members who shall be as follows: 22 a. One member from the state transportation commission , one . 23 b. One member from the natural resource commission , one . 24 c. One member from the state soil conservation and water 25 quality committee , one . 26 d. One member from the state historical society of Iowa , 27 one . 28 e. One member from the faculty of the landscape 29 architectural division of the Iowa state university of science 30 and technology , one . 31 f. One member from the economic development authority , and 32 one . 33 g. One member from the environmental protection commission. 34 2. Members and ex officio members shall serve without pay, 35 -44- LSB 5785SC (4) 87 lh/rj 44/ 99
S.F. _____ but the actual and necessary expenses of members and ex officio 1 members may be paid if the commission so orders and if the 2 commission has funds available for that purpose. 3 Sec. 79. Section 308A.3, Code 2018, is amended to read as 4 follows: 5 308A.3 Certain elevated structures prohibited —— exception. 6 Bikeways and walkways approved as either incidental features 7 of highway construction projects primarily for motor vehicular 8 traffic or as an independent bikeway or walkway construction 9 project constructed pursuant to the Highway Act of 1973, 23 10 U.S.C. § 217, shall not be constructed as elevated structures 11 joining private buildings or so constructed to provide elevated 12 access or egress facilities to private buildings unless the 13 following condition is met: 14 That the portion of project funds that is necessary to obtain 15 federal funds is provided by private parties benefited by the 16 facilities. 17 Sec. 80. Section 317.3, Code 2018, is amended to read as 18 follows: 19 317.3 Weed commissioner —— standards for noxious weed 20 control. 21 1. The board of supervisors of each county may annually 22 appoint a county weed commissioner who may be a person 23 otherwise employed by the county and who passes minimum 24 standards established by the department of agriculture and land 25 stewardship for noxious weed identification and the recognized 26 methods for noxious weed control and elimination. The county 27 weed commissioner’s appointment shall be effective as of March 28 1 and shall continue for a term at the discretion of the 29 board of supervisors unless the commissioner is removed from 30 office as provided for by law. The county weed commissioner 31 may, with the approval of the board of supervisors, require 32 that commercial applicators and their appropriate employees 33 pass the same standards for noxious weed identification 34 as established by the department of agriculture and land 35 -45- LSB 5785SC (4) 87 lh/rj 45/ 99
S.F. _____ stewardship. The name and address of the person appointed 1 as county weed commissioner shall be certified to the county 2 auditor and to the secretary of agriculture within ten days of 3 the appointment. 4 2. The board of supervisors shall fix the compensation 5 of the county weed commissioner and deputies. Compensation 6 shall be for the period of actual work only, although a 7 weed commissioner assigned other duties not related to weed 8 eradication may receive an annual salary. The board of 9 supervisors shall likewise determine whether employment shall 10 be by hour, day, or month and the rate of pay for the employment 11 time. In addition to compensation, the commissioner and 12 deputies shall be paid their necessary travel expenses. 13 3. At the discretion of the board of supervisors, the weed 14 commissioner shall attend a seminar or school conducted or 15 approved by the department of agriculture and land stewardship 16 relating to the identification, control, and elimination of 17 noxious weeds. The county weed commissioner may, with the 18 approval of the board of supervisors, require that commercial 19 applicators and their appropriate employees pass the same 20 standards for noxious weed identification as established by the 21 department of agriculture and land stewardship. 22 4. The board of supervisors shall prescribe the time of year 23 the weed commissioner shall perform the powers and duties of 24 county weed commissioner under this chapter which may be during 25 that time of year when noxious weeds can effectively be killed. 26 Compensation shall be for the period of actual work only 27 although a weed commissioner assigned other duties not related 28 to weed eradication may receive an annual salary. The board of 29 supervisors shall likewise determine whether employment shall 30 be by hour, day or month and the rate of pay for the employment 31 time. 32 Sec. 81. Section 317.13, Code 2018, is amended to read as 33 follows: 34 317.13 Program of control. 35 -46- LSB 5785SC (4) 87 lh/rj 46/ 99
S.F. _____ 1. The board of supervisors of each county may each 1 year, upon recommendation of the county weed commissioner by 2 resolution prescribe and order a program of weed control for 3 purposes of complying with all sections of this chapter . The 4 county board of supervisors of each county may also by adopting 5 an integrated roadside vegetation management plan prescribe and 6 order a program of weed control for purposes of complying with 7 all sections of this chapter . The program for weed control 8 ordered or adopted by the county board of supervisors shall 9 provide that spraying for control of weeds shall be limited 10 to those circumstances when it is not practical to mow or 11 otherwise control the weeds. 12 2. The program of weed control shall include a program of 13 permits for the burning, mowing, or spraying of roadsides by 14 private individuals. The county board of supervisors shall 15 allow only that burning, mowing, or spraying of roadsides 16 by private individuals that is consistent with the adopted 17 integrated roadside vegetation management plan. This paragraph 18 subsection applies only to those roadside areas of a county 19 which are included in an integrated roadside vegetation 20 management plan. 21 Sec. 82. Section 321.285, subsection 7, Code 2018, is 22 amended to read as follows: 23 7. A person who violates this section for excessive speed 24 in violation of a speed limit commits a simple misdemeanor 25 punishable as a scheduled violation under section 805.8A, 26 subsection 5 . A person who operates a school bus at a speed 27 which exceeds a limit established under this section by 28 ten miles an per hour or less commits a simple misdemeanor 29 punishable as a scheduled violation under section 805.8A, 30 subsection 10 . A person who violates any other provision of 31 this section commits a simple misdemeanor. 32 Sec. 83. Section 350.2, Code 2018, is amended to read as 33 follows: 34 350.2 Petition —— board membership. 35 -47- LSB 5785SC (4) 87 lh/rj 47/ 99
S.F. _____ 1. Upon a petition to the board of supervisors which 1 meets the requirements of section 331.306 , the board of 2 supervisors shall submit to the voters at the next general 3 election the question of whether a county conservation board 4 shall be created as provided for in this chapter . If at the 5 election the majority of votes favors the creation of a county 6 conservation board, the board of supervisors within sixty days 7 after the election shall create a county conservation board to 8 consist of five bona fide residents of the county. 9 2. The members first appointed shall hold office for the 10 term of one, two, three, four, and five years respectively, as 11 indicated and fixed by the board of supervisors. Thereafter, 12 succeeding members shall be appointed for a term of five years, 13 except that vacancies occurring otherwise than by expiration 14 of term shall be filled by appointment for the unexpired term. 15 When a member of the county conservation board, during the term 16 of office, ceases to be a bona fide resident of the county, 17 the member is disqualified as a member and the office becomes 18 vacant. 19 3. Members of the county conservation board shall be 20 selected and appointed on the basis of their demonstrated 21 interest in conservation matters, and shall serve without 22 compensation, but may be paid their actual and necessary 23 expenses incurred in the performance of their official duties. 24 4. Members of the county conservation board may be 25 removed for cause by the board of supervisors as provided in 26 section 331.321, subsection 3 , if the cause is malfeasance, 27 nonfeasance, disability, or failure to participate in board 28 activities as set forth by the rules of the county conservation 29 board. 30 Sec. 84. Section 350.3, Code 2018, is amended to read as 31 follows: 32 350.3 Meetings —— records —— annual report. 33 1. Within thirty days after the appointment of members 34 of the county conservation board, the board shall organize 35 -48- LSB 5785SC (4) 87 lh/rj 48/ 99
S.F. _____ by selecting from its members a president and secretary and 1 such other officers as are deemed necessary, who shall hold 2 office for the calendar year in which elected and until 3 their successors are selected and qualify. Three members of 4 the board shall constitute a quorum for the transaction of 5 business. 6 2. The board shall hold regular monthly meetings. Special 7 meetings may be called by the president, and shall be called 8 on the request of a majority of members, as the necessity may 9 require. Three members of the board shall constitute a quorum 10 for the transaction of business. The county conservation board 11 shall have power to adopt bylaws, to adopt and use a common 12 seal, and to enter into contracts. 13 3. The county board of supervisors shall provide suitable 14 offices for the meetings of the county conservation board 15 and for the safekeeping of its records. Such records shall 16 be subject to public inspection at all reasonable hours and 17 under such regulations as the county conservation board may 18 prescribe. 19 4. The county conservation board shall annually make a full 20 and complete report to the county board of supervisors of its 21 the county conservation board’s transactions and operations 22 for the preceding year. Such report shall contain a full 23 statement of its the board’s receipts, disbursements, and the 24 program of work for the period covered, and may include such 25 recommendations as may be deemed advisable. 26 Sec. 85. Section 350.5, Code 2018, is amended to read as 27 follows: 28 350.5 Regulations —— penalty —— officers. 29 1. The county conservation board may make, alter, amend or 30 repeal regulations for the protection, regulation, and control 31 of all museums, parks, preserves, parkways, playgrounds, 32 recreation centers, and other property under its control. The 33 regulations shall not be contrary to, or inconsistent with, the 34 laws of this state. 35 -49- LSB 5785SC (4) 87 lh/rj 49/ 99
S.F. _____ 2. The regulations shall not take effect until ten days 1 after their adoption by the board and after their publication 2 as provided in section 331.305 and after a copy of the 3 regulations has been posted near each gate or principal 4 entrance to